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DETERMINED BY THE

HIGH COURT OF ADMIRALTY

AND UPON APPEAL THEREFROM,

TEMP. SIR THOMAS SALUSBURY AND SIR GEORGE HAY,
JUDGES, 1758-1774.

BY

SIR WILLIAM BURRELL, BART.,

LL.D., M.P., FRS., F.S.A., ETC.;

TOGETHER WITH

EXTRACTS FROM THE BOOKS AND RECORDS

OF

THE HIGH COURT OF ADMIRALTY AND THE
COURT OF THE JUDGES DELEGATES,

1584-1839.

AND A COLLECTION OF

CASES AND OPINIONS UPON ADMIRALTY MATTERS,
1701-1781.

EDITED BY

REGINALD G. MARSDEN,

OF THE INNER TEMPLE, BARRISTER-AT-LAW.

LONDON:

WILLIAM CLOWES AND SONS, LIMITED,

27, FLEET STREET.

1885.

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PREFACE.

THE author of the reports contained in the first part (pp. 1-229) of this volume was Sir William Burrell, Baronet, who, as Dr. Burrell, practised as an advocate in the Ecclesiastical and Admiralty Courts in the middle of the last century. He was born in 1732 and died in 1796; was a Fellow of the Royal Society and of the Society of Antiquarians, a member of the College of Advocates, Chancellor of the dioceses of Worcester and Rochester Member of Parliament for Haslemere, a Commissioner of Excise, and author of the Burrell MSS. in the British Museum, a work well known to Sussex antiquarians.

The reports are contained in two volumes: (1) a folio, lettered Admiralty Cases,' and (2) an octavo, lettered Practice Abridged.' The former contains the instance and other cases (pp. 1-153), of this volume; the latter contains, together with other matter, the Prize Cases (pp. 154-229, infra). The Cases and Opinions (pp. infra) are selected (except where 351-451 otherwise stated) from a collection in the handwriting of Sir William Burrell contained in a folio volume, lettered Ecclesiastical Cases.' Sir William Burrell's manuscripts have been reproduced in these pages verbatim, the old spelling-curiously erratic in the case of proper names-being retained. For permission to publish them I am indebted to the kindness of Sir Walter Burrell, Bart., M.P., in whose library at West Grinstead Park, Sussex, the originals were discovered.

The sources from which the rest of the matter contained in the following pages has been collected are indicated in connection with the various subjects. They are mainly the Books and Records of the High Court of Admiralty and of the Court of

the Judges Delegates, the ancient Court of Appeal from the Admiralty. These books and records (of which some account is given, infra, p. 231), together with a large collection of note books, papers, and other documents relating to Admiralty matters, are now deposited in the Record Office, where they have at various times been transmitted from the Tower of London and the Admiralty Registry. For access to this collection I am indebted to the kindness of the officials of the Record Office and to H. A. Bathurst, Esq., Registrar of the Admiralty Division of the High Court of Justice.

In the absence of any published Admiralty reports of earlier date than the end of the last century, it is hoped that this compilation may be not without interest to Admiralty lawyers.

12, Stone Buildings, Lincoln's Inn,

31st July, 1885.

R. G. M.

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